What Is an Engagement Letter?
An engagement letter is a written agreement that describes the business relationship to be entered into by a client and a company. The letter details the scope of the agreement, ✱its terms, and costs. The purpose of an engagement letter is to set expectations on both sides of tꦫhe agreement.
Key Takeaways
- An engagement letter defines a business relationship between two parties.
- A letter of engagement limits the responsibilities of the company, directly or by inference.
- A wide range of businesses including attorneys, auditors, accountants, and consultants use engagement letters routinely.
- Engagement letters can be used by individuals or large corporations.
How an Engagement Letter Works
A letter of engagement serves the same purpose as a contract b🐈etween two parties. However, its format is less formal than a contract and it generally avoids legal jargon.
The letter is intended to briefly but accurately describe:
- Services to be delivered
- Terms and conditions
- Deadline or deadlines
- Compensation
A letter of engagement is a𓆉 legal document. It is binding in a business deal.
Important
An engagement letter is less formal than a contract, but still a legally binding document that can be used in a court of law.
An engagement letter also serves to limit the scope of the company's services. For example, when an individual or business secures the services of an attorney, the letter might describe the specific purpose or area of expertise in which their services can be used.
A contractor who hires an attorney to dra🀅w up a land purchase cannot call the attorney for advice about his divorce. Most likely, the engagement letter will not state that fact outright, but the meaning will be clear because it will specify the scope of work to be undertaken.
Tip
An engagement letter doesn't become legally binding until it is signed by all parties.
Advantages of an Engagement Letter
Setting expectations is an important part of a business relationship, and an engagement letter makes these expectations clear on both sides. The client gets the reassurance of knowing when a service will be completed, how much it ꦐwill cost, and the specifics of the scope of work. The letter also makes it clear if other costs are involved that are not covered in the agreement, such as required software that must be purchased separately by the clie🧸nt.
The business benefits from having clear boundaries regarding the work that will be performed from the beginning of the project. This is intended to prevent "scope creep," something that every tax accountant and attorney dreads. The letter may alsoඣ cite services that lie outside the current agreement but may be added in the future as needed, with an estimate of the costs of these additions.
An engagement letter also protects both parties in the event of a dispute or disagreement. It may include a clause regarding mediation or binding 澳洲幸运5官方开奖结果体彩网:arbitration as a first step, rather than legal action.
Special Considerations
If th෴e relationship is long-term, many companies require their engagement letter to be updated and signed again by the client ann💫ually.
This allows for any changes in the business relationship over time and strengthens the legal standing of the document. It also reiterates the scope of the agreement, which can change over time, and establishes any new costs or fee🍸s related to changes in services provided.
Who Prepares a Letter of Engagement?
An engagement letter is drafted by the company rendering the 🧜service, often with th🅠e help of a lawyer. It is than presented to the client, and both parties must sign in order for it to be legally binding.
Is an Engagement Letter the Same As a Contract?
Enga♔gement lettersꦍ are less formal and generally shorter than a traditional contract. However, they also share some important traits, such as being legally binding and designed to reduce liability. They can be used by any size business, from individuals who are sole proprietors to large corporations.
When Should an Engagement Letter Be Sent?
Engagement letters need to be presented to the client at the beginning of the relationship before work commences. They should also periodically be reissued, especially when the scope of services changes or if the business changes its prices.
How Often Should Engagement Letters Be Updated?
Many companies will require their engagement letter to be updated and signed on an annual basis. A new one should always be issued if the scope of ser꧟vices changes. However, even if the agreement remains the same, it can still be wise to redraft an engagement letter to increase the legal standing of the document. This can also prevent miscommunication or disputesꦅ; an updated draft of the letter helps to remind both parties what work has been agreed on.
The Bottom Line
Companies offering a service can face all sorts of problems if they don’t lay out their expectations and boundaries in a written, legally binding contract. An engagement letter is similar to a contract but generally shorter and less form🌠al. However, it is equally binding to both parties.
Engagement letters help protect firms from lawsܫuits while offering customers clarity over what services they can expect, when those services will be done, and at what cost. They can help both the business and client avoid misunderstandings, legal disputes, and scope creep, ensuring that everyone involved is on the same page.